Amends existing law to revise provisions regarding certain judgments and to provide for default judgments in certain situations.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 552 BY TRANSPORTATION AND DEFENSE COMMITTEE AN ACT1 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-1203, IDAHO CODE, TO PROVIDE2 FOR RECORDS OF JUDGMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING3 SECTION 18-8002, IDAHO CODE, TO PROVIDE FOR BUSINESS DAYS, TO PROVIDE4 THAT CERTAIN FAILURE TO APPEAR AT OR TO REQUEST A HEARING SHALL BE CON-5 SIDERED A DEFAULT JUDGMENT, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING6 SECTION 18-8002A, IDAHO CODE, TO PROVIDE FOR BUSINESS DAYS, TO PROVIDE7 THAT CERTAIN FAILURE TO APPEAR AT OR TO REQUEST A HEARING SHALL BE CON-8 SIDERED A DEFAULT JUDGMENT, AND TO MAKE A TECHNICAL CORRECTION; AND9 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.10

Be It Enacted by the Legislature of the State of Idaho:11

SECTION 1. That Section 49-1203, Idaho Code, be, and the same is hereby12 amended to read as follows:13 49-1203. COURTS TO REPORT NONPAYMENT OF JUDGMENTS -- NONRESI-14 DENTS. (1) Whenever any person fails within sixty (60) days to satisfy a15 judgment, it shall be the duty of the clerk of the court, or of the judge of a16 court, which that has no clerk, in which a judgment is rendered within this17 state, to forward to the department immediately after the expiration of the18 sixty (60) days, a certified copy record of the judgment.19 (2) If the defendant named in any certified copy record of a judgment20 reported to the department is a nonresident, the department shall transmit21 a certified copy record of the judgment to the official in charge of the is-22 suance of drivers' licenses of the state of which the defendant is a resident23 of.24

SECTION 2. That Section 18-8002, Idaho Code, be, and the same is hereby25 amended to read as follows:26 18-8002. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS27 OR OTHER INTOXICATING SUBSTANCES -- PENALTY AND SUSPENSION UPON REFUSAL OF28 TESTS. (1) Any person who drives or is in actual physical control of a motor29 vehicle in this state shall be deemed to have given his consent to eviden-30 tiary testing for concentration of alcohol as defined in section 18-8004,31 Idaho Code, and to have given his consent to evidentiary testing for the32 presence of drugs or other intoxicating substances, provided that such33 testing is administered at the request of a peace officer having reasonable34 grounds to believe that the person has been driving or was in actual physical35 control of a motor vehicle in violation of the provisions of section 18-800436 or 18-8006, Idaho Code.37 (2) Such person shall not have the right to consult with an attorney be-38 fore submitting to such evidentiary testing.39

2 (3) At the time evidentiary testing for concentration of alcohol or for1 the presence of drugs or other intoxicating substances is requested, the2 person shall be informed that if he refuses to submit to or if he fails to3 complete evidentiary testing:4 (a) He is subject to a civil penalty of two hundred fifty dollars ($250)5 for refusing to take the test;6 (b) He is subject to mandatory installation of a state-approved igni-7 tion interlock system, at his expense, on all of the motor vehicles op-8 erated by him for a period to end one (1) year following the end of the9 suspension period;10 (c) He has the right to request a hearing within seven (7) business days11 to show cause why he refused to submit to or complete evidentiary test-12 ing;13 (d) If he does not request a hearing or does not prevail at the hearing,14 the court shall sustain the civil penalty and shall order the required15 installation of a state-approved ignition interlock system on all motor16 vehicles operated by him and his driver's license will be suspended ab-17 solutely for one (1) year if this is his first refusal and two (2) years18 if this is his second refusal within ten (10) years;19 (e) Provided however, if he is admitted to a problem solving court pro-20 gram and has served at least forty-five (45) days of an absolute sus-21 pension of driving privileges, then he may be eligible for a restricted22 permit for the purpose of getting to and from work, school or an alcohol23 treatment program, but only if a state-approved ignition interlock sys-24 tem has been installed, at his expense, on all motor vehicles operated25 by him; and26 (f) After submitting to evidentiary testing, he may, when practicable,27 at his own expense, have additional tests made by a person of his own28 choosing.29 (4) If the motorist refuses to submit to or complete evidentiary test-30 ing after the information has been given in accordance with subsection (3) of31 this section:32 (a) He shall be fined a civil penalty of two hundred fifty dollars33 ($250);34 (b) The court shall direct the installation, at his expense, of a state-35 approved ignition interlock system meeting the requirements set forth36 in section 18-8008, Idaho Code, on all motor vehicles operated by him37 for a period of one (1) year following the end of the suspension period;38 (c) A written request may be made within seven (7) calendar business39 days for a hearing before the court; if requested, the hearing must be40 held within thirty (30) days of the date of service unless this period41 is, for good cause shown, extended by the court for one (1) additional42 thirty (30) day period. The hearing shall be limited to the question43 of why the defendant did not submit to or complete evidentiary test-44 ing, and the burden of proof shall be upon on the defendant; the court45 shall sustain a two hundred fifty dollar ($250) civil penalty immedi-46 ately, suspend all the defendant's driving privileges immediately for47 one (1) year for a first refusal and two (2) years for a second refusal48 within ten (10) years and direct the installation, at his expense, of a49 state-approved ignition interlock system meeting the requirements set50

3 forth in section 18-8008, Idaho Code, on all motor vehicles operated by1 him for a period to end one (1) year following the end of the suspension2 period, unless it finds that the peace officer did not have legal cause3 to stop and request him to take the test or that the request violated his4 civil rights. Failure to appear at a requested hearing shall be consid-5 ered a default judgment against the defendant;6 (d) If a hearing is not requested by written notice to the court con-7 cerned within seven (7) calendar business days, upon receipt of a sworn8 statement by the peace officer of the circumstances of the refusal, the9 court shall sustain a two hundred fifty dollar ($250) civil penalty,10 suspend the defendant's driving privileges for one (1) year for a first11 refusal and two (2) years for a second refusal within ten (10) years,12 during which time he shall have absolutely no driving privileges of13 any kind, and direct the installation of a state-approved ignition in-14 terlock system, at his expense, meeting the requirements set forth in15 section 18-8008, Idaho Code, on all motor vehicles operated by him for16 a period to end one (1) year following the end of the suspension period.17 Failure to request a hearing shall be considered a default judgment18 against the defendant;19 (e) Notwithstanding the provisions of paragraphs (c) and (d) of this20 subsection, if the defendant is enrolled in and is a participant in good21 standing in a drug court or mental health court approved by the supreme22 court drug court and mental health court coordinating committee under23 the provisions of chapter 56, title 19, Idaho Code, or other similar24 problem solving court utilizing community-based sentencing alterna-25 tives, then the defendant shall be eligible for restricted noncommer-26 cial driving privileges for the purpose of getting to and from work,27 school or an alcohol treatment program, which may be granted by the pre-28 siding judge of the drug court or mental health court or other similar29 problem solving court, provided that the defendant has served a period30 of absolute suspension of driving privileges of at least forty-five31 (45) days, that a state-approved ignition interlock system meeting the32 requirements set forth in section 18-8008, Idaho Code, is installed,33 at his expense, on all motor vehicles operated by him for a period to34 end one (1) year following the end of the suspension period and that the35 defendant has shown proof of financial responsibility as defined and36 in the amounts specified in section 49-117, Idaho Code, provided that37 the restricted noncommercial driving privileges and the requirement38 of a state-approved ignition interlock system may be continued if the39 defendant successfully completes the drug court, mental health court or40 other similar problem solving court, and that the court may revoke such41 privileges for failure to comply with the terms of probation or with the42 terms and conditions of the drug court, mental health court or other43 similar problem solving court program; and44 (f) After submitting to evidentiary testing at the request of the peace45 officer, he may, when practicable, at his own expense, have additional46 tests made by a person of his own choosing. The failure or inability to47 obtain an additional test or tests by a person shall not preclude the ad-48 mission of results of evidentiary testing for alcohol concentration or49 for the presence of drugs or other intoxicating substances taken at the50

4 direction of the peace officer unless the additional test was denied by1 the peace officer.2 (5) Any sustained sanction under this section or section 18-8002A,3 Idaho Code, shall be a sanction separate and apart from any other sanction4 imposed for a violation of other Idaho motor vehicle codes or for a con-5 viction of an offense pursuant to this chapter and may be appealed to the6 district court.7 (6) No hospital, hospital officer, agent, or employee, or health care8 professional licensed by the state of Idaho, whether or not such person has9 privileges to practice in the hospital in which a body fluid sample is ob-10 tained or an evidentiary test is made, shall incur any civil or criminal li-11 ability for any act arising out of administering an evidentiary test for al-12 cohol concentration or for the presence of drugs or other intoxicating sub-13 stances at the request or order of a peace officer in the manner described in14 this section and section 18-8002A, Idaho Code; provided that nothing in this15 section shall relieve any such person or legal entity from civil liability16 arising from the failure to exercise the community standard of care.17 (a) This immunity extends to any person who assists any individual to18 withdraw a blood sample for evidentiary testing at the request or order19 of a peace officer, which individual is authorized to withdraw a blood20 sample under the provisions of section 18-8003, Idaho Code, regardless21 of the location where the blood sample is actually withdrawn.22 (b) A peace officer is empowered to order an individual authorized in23 section 18-8003, Idaho Code, to withdraw a blood sample for evidentiary24 testing when the peace officer has probable cause to believe that the25 suspect has committed any of the following offenses:26 (i) Aggravated driving under the influence of alcohol, drugs or27 other intoxicating substances as provided in section 18-8006,28 Idaho Code;29 (ii) Vehicular manslaughter as provided in subsection (3)(a), (b)30 and (c) of section 18-4006, Idaho Code;31 (iii) Aggravated operating of a vessel on the waters of the state32 while under the influence of alcohol, drugs or other intoxicating33 substances as provided in section 67-7035, Idaho Code; or34 (iv) Any criminal homicide involving a vessel on the waters of the35 state while under the influence of alcohol, drugs or other intoxi-36 cating substances.37 (c) Nothing herein shall limit the discretion of the hospital admin-38 istration to designate the qualified hospital employee responsible to39 withdraw the blood sample.40 (d) The law enforcement agency that requests or orders withdrawal of41 the blood sample shall pay the reasonable costs to withdraw such blood42 sample, perform laboratory analysis, preserve evidentiary test re-43 sults, and testify in judicial proceedings. The court may order resti-44 tution pursuant to the provisions of section 18-8003(2), Idaho Code.45 (e) The withdrawal of the blood sample may be delayed or terminated if:46 (i) In the reasonable judgment of the hospital personnel, with-47 drawal of the blood sample may result in serious bodily injury to48 hospital personnel or other patients; or49

5 (ii) The licensed health care professional treating the suspect1 believes the withdrawal of the blood sample is contraindicated be-2 cause of the medical condition of the suspect or other patients.3 (7) "Actual physical control" as used in this section and section4 18-8002A, Idaho Code, shall be defined as being in the driver's position of5 the motor vehicle with the motor running or with the motor vehicle moving.6 (8) Any written notice required by this section shall be effective upon7 mailing.8 (9) For the purposes of this section and section 18-8002A, Idaho Code,9 "evidentiary testing" shall mean means a procedure or test or series of pro-10 cedures or tests, including the additional test authorized in subsection11 (10) of this section, utilized to determine the concentration of alcohol or12 the presence of drugs or other intoxicating substances in a person.13 (10) A person who submits to a breath test for alcohol concentration,14 as defined in subsection (4) of section 18-8004, Idaho Code, may also be re-15 quested to submit to a second evidentiary test of blood or urine for the pur-16 pose of determining the presence of drugs or other intoxicating substances17 if the peace officer has reasonable cause to believe that a person was driv-18 ing under the influence of any drug or intoxicating substance or the combined19 influence of alcohol and any drug or intoxicating substance. The peace of-20 ficer shall state in his or her report the facts upon on which that belief is21 based.22 (11) Notwithstanding any other provision of law to the contrary, the23 civil penalty imposed under pursuant to the provisions of this section must24 be paid, as ordered by the court, to the county justice fund or the county25 current expense fund where the incident occurred. If a person does not pay26 the civil penalty imposed as provided in this section within thirty (30) days27 of the imposition, unless this period has been extended by the court for good28 cause shown, the prosecuting attorney representing the political subdivi-29 sion where the incident occurred may petition the court in the jurisdiction30 where the incident occurred to file the order imposing the civil penalty as31 an order of the court. Once entered, the order may be enforced in the same32 manner as a final judgment of the court. In addition to the civil penalty,33 attorney's fees, costs and interest may be assessed against any person who34 fails to pay the civil penalty.35 (12) Upon petition of the person required to install an ignition in-36 terlock device pursuant to subsection (4)(b) of this section, section37 18-8002A(4), 18-8005(1)(e), or 18-8008, Idaho Code, a court in its dis-38 cretion may relieve the person from the installation of the device where39 the court finds it clear and convincing that the person will not present a40 danger to the public or that there are exceptional or mitigating circum-41 stances demonstrating that installation of the device is unnecessary or42 unwarranted. Financial hardship, standing alone, is not an exceptional or43 mitigating circumstance. If no civil or criminal case is pending related44 to the order to install the ignition interlock device, a person may file a45 petition for relief in magistrate court under this section in his county46 of residence, or, if such person has no county of residence in Idaho, in47 Ada county, if such petition is filed within thirty (30) days of the order48 requiring the installation of the interlock device. While any petition for49 judicial review in district court or motion or petition before a magistrate50

6 court is pending, the ignition interlock device requirement shall be stayed.1 The Idaho transportation department shall not be a party to any petition for2 interlock relief filed before a court. An order for relief from the instal-3 lation of the ignition interlock device from any court shall apply to all4 statutory ignition interlock requirements.5 (13) A court may determine that an offender is eligible to utilize6 available funds from the court interlock device and electronic monitoring7 device fund, as outlined in section 18-8010, Idaho Code, for the instal-8 lation and operation of an ignition interlock device, based on evidence of9 financial hardship.10 (14) As used in this section, "at his expense" includes the cost of ob-11 taining, installing, using and maintaining an ignition interlock system.12

SECTION 3. That Section 18-8002A, Idaho Code, be, and the same is hereby13 amended to read as follows:14 18-8002A. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF15 DRUGS OR OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF16 TESTS. (1) Definitions. As used in this section:17 (a) "Actual physical control" means being in the driver's position of a18 motor vehicle with the motor running or with the vehicle moving.19 (b) "Administrative hearing" means a hearing conducted by a hearing20 officer to determine whether a suspension imposed by the provisions of21 this section should be vacated or sustained.22 (c) "Department" means the Idaho transportation department and, as the23 context requires, shall be construed to include any agent of the depart-24 ment designated by rule as hereinafter provided.25 (d) "Director" means the director of the Idaho transportation depart-26 ment.27 (e) "Evidentiary testing" means a procedure or test or series of proce-28 dures or tests utilized to determine the concentration of alcohol or the29 presence of drugs or other intoxicating substances in a person, includ-30 ing additional testing authorized by subsection (6) of this section. An31 evidentiary test for alcohol concentration shall be based on a formula32 of grams of alcohol per one hundred (100) cubic centimeters of blood,33 per two hundred ten (210) liters of breath, or per sixty-seven (67) mil-34 liliters of urine. Analysis of blood, breath or urine for the purpose35 of determining alcohol concentration shall be performed by a laboratory36 operated by the Idaho state police or by a laboratory approved by the37 Idaho state police under the provisions of approval and certification38 standards to be set by the Idaho state police, or by any other method ap-39 proved by the Idaho state police. Notwithstanding any other provision40 of law or rule of court, the results of any test for alcohol concentra-41 tion and records relating to calibration, approval, certification or42 quality control performed by a laboratory operated and approved by the43 Idaho state police or by any other method approved by the Idaho state po-44 lice shall be admissible in any proceeding in this state without the ne-45 cessity of producing a witness to establish the reliability of the test-46 ing procedure for examination.47 (f) "Hearing officer" means a person designated by the department to48 conduct administrative hearings. The hearing officer shall have au-49

7 thority to administer oaths, examine witnesses and take testimony,1 receive relevant evidence, issue subpoenas, regulate the course and2 conduct of the hearing and make a final ruling on the issues before him.3 (g) "Hearing request" means a request for an administrative hearing on4 the suspension imposed by the provisions of this section.5 (2) Information to be given. At the time of evidentiary testing for6 concentration of alcohol or for the presence of drugs or other intoxicating7 substances is requested, the person shall be informed that if the person re-8 fuses to submit to or fails to complete evidentiary testing, or if the per-9 son submits to and completes evidentiary testing and the test results indi-10 cate an alcohol concentration or the presence of drugs or other intoxicating11 substances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code,12 the person shall be informed substantially as follows (but need not be in-13 formed verbatim):14 If you refuse to submit to or if you fail to complete and pass eviden-15 tiary testing for alcohol or other intoxicating substances:16 (a) The peace officer will issue a notice of suspension and you will be17 required to install, at your expense, a state-approved ignition inter-18 lock system on all motor vehicles you operate for a period to end one (1)19 year following the end of the suspension period;20 (b) You have the right to request a hearing within seven (7) business21 days of the notice of suspension of your driver's license to show cause22 why you refused to submit to or to complete and pass evidentiary testing23 and why your driver's license should not be suspended;24 (c) If you refused or failed to complete evidentiary testing and do not25 request a hearing before the court or do not prevail at the hearing, your26 driver's license will be suspended and you will be required to install,27 at your expense, a state-approved ignition interlock system on all mo-28 tor vehicles you operate for a period to end one (1) year following the29 end of the suspension period. The suspension will be for one (1) year if30 this is your first refusal. The suspension will be for two (2) years if31 this is your second refusal within ten (10) years. You will not be able32 to obtain a temporary restricted license during that period;33 (d) If you complete evidentiary testing and fail the testing and do not34 request a hearing before the department or do not prevail at the hear-35 ing, your driver's license will be suspended and you will be required to36 install, at your expense, a state-approved ignition interlock system on37 all motor vehicles you operate for a period to end one (1) year following38 the end of the suspension period. This suspension will be for ninety39 (90) days if this is your first failure of evidentiary testing, but you40 may request restricted noncommercial vehicle driving privileges after41 the first thirty (30) days. The suspension will be for one (1) year42 if this is your second failure of evidentiary testing within five (5)43 years. You will not be able to obtain a temporary restricted license44 during that period;45 (e) However, if you are admitted to a problem solving court program and46 have served at least forty-five (45) days of an absolute suspension of47 driving privileges, you may be eligible for a restricted permit for the48 purpose of getting to and from work, school or an alcohol treatment pro-49

8 gram, but only if you install, at your expense, a state-approved igni-1 tion interlock system on all motor vehicles you operate;2 (f) However, if you are admitted to a diversion program under section3 19-3509, Idaho Code, you may be eligible for a restricted permit for the4 purpose of getting to and from work, school, medical appointments, or5 a treatment program, but only if you install, at your expense, a state-6 approved ignition interlock system on all motor vehicles you operate;7 and8 (g) After submitting to evidentiary testing, you may, when practica-9 ble, at your own expense, have additional tests made by a person of your10 own choosing.11 (3) Rulemaking authority of the Idaho state police. The Idaho state po-12 lice may, pursuant to chapter 52, title 67, Idaho Code, prescribe by rule:13 (a) What testing is required to complete evidentiary testing under this14 section; and15 (b) What calibration or checking of testing equipment must be performed16 to comply with the department's requirements. Any rules of the Idaho17 state police shall be in accordance with the following: a test for alco-18 hol concentration in breath as defined in section 18-8004, Idaho Code,19 and subsection (1)(e) of this section will be valid for the purposes of20 this section if the breath alcohol testing instrument was approved for21 testing by the Idaho state police in accordance with section 18-8004,22 Idaho Code, at any time within ninety (90) days before the evidentiary23 testing. A test for alcohol concentration in blood or urine as defined24 in section 18-8004, Idaho Code, that is reported by the Idaho state po-25 lice or by any laboratory approved by the Idaho state police to perform26 this test will be valid for the purposes of this section.27 (4) Suspension and ignition interlock system.28 (a) Upon receipt of the sworn statement of a peace officer that there29 existed legal cause to believe a person had been driving or was in actual30 physical control of a motor vehicle while under the influence of alco-31 hol, drugs or other intoxicating substances and that the person submit-32 ted to a test and the test results indicated an alcohol concentration or33 the presence of drugs or other intoxicating substances in violation of34 section 18-8004, 18-8004C or 18-8006, Idaho Code, the department shall35 suspend the person's driver's license, driver's permit, driving privi-36 leges or nonresident driving privileges:37 (i) For a period of ninety (90) days for a first failure of ev-38 identiary testing under the provisions of this section. The39 first thirty (30) days of the suspension shall be absolute and the40 person shall have absolutely no driving privileges of any kind.41 Restricted noncommercial vehicle driving privileges applicable42 during the remaining sixty (60) days of the suspension may be re-43 quested as provided in subsection (9) of this section.44 (ii) For a period of one (1) year for a second and any subsequent45 failure of evidentiary testing under the provisions of this sec-46 tion within the immediately preceding five (5) years. No driving47 privileges of any kind shall be granted during the suspension im-48 posed pursuant to this subparagraph.49

9 The department shall also direct the installation, at the offender's1 expense, of a state-approved ignition interlock system meeting the re-2 quirements of section 18-8008, Idaho Code, on all motor vehicles oper-3 ated by the offender for a period to end one (1) year following the end of4 the suspension period.5 The person may request an administrative hearing on the suspension as6 provided in subsection (7) of this section. Any right to contest the7 suspension shall be waived if a hearing is not requested as therein pro-8 vided.9 (b) The suspension shall become effective thirty (30) days after ser-10 vice upon the person of the notice of suspension and notice of the re-11 quirement to install, at his expense, a state-approved ignition inter-12 lock system for a period to end one (1) year following the end of the sus-13 pension period. The notice shall be in a form provided by the department14 and shall state:15 (i) The reason and statutory grounds for the suspension and the16 requirement to install the ignition interlock system;17 (ii) The effective date of the suspension and the requirement to18 install the ignition interlock system;19 (iii) The suspension periods to which the person may be subject as20 provided in paragraph (a) of this subsection;21 (iv) The procedures for obtaining restricted noncommercial vehi-22 cle driving privileges;23 (v) The rights of the person to request an administrative hear-24 ing on the suspension and that, if an administrative hearing is not25 requested within seven (7) business days of service of the notice26 of suspension and notice of the requirement to install the igni-27 tion interlock system, the right to contest the suspension shall28 be waived;29 (vi) The procedures for obtaining an administrative hearing on30 the suspension;31 (vii) The right to judicial review of the hearing officer's deci-32 sion on the suspension and the procedures for seeking such review.33 (c) Notwithstanding the provisions of paragraph (a)(i) and (ii) of34 this subsection, a person who is enrolled in and is a participant in35 good standing in a drug court or mental health court approved by the36 supreme court drug court and mental health court coordinating commit-37 tee under the provisions of chapter 56, title 19, Idaho Code, or other38 similar problem solving court utilizing community-based sentencing39 alternatives shall be eligible for restricted noncommercial driving40 privileges for the purpose of getting to and from work, school or an al-41 cohol treatment program, which may be granted by the presiding judge of42 the drug court or mental health court or other similar problem solving43 court, provided that the offender has served a period of absolute sus-44 pension of driving privileges of at least forty-five (45) days, that a45 state-approved ignition interlock system is installed, at his expense,46 on all motor vehicles operated by him for a period to end one (1) year47 following the end of the suspension period and that the offender has48 shown proof of financial responsibility as defined and in the amounts49 specified in section 49-117, Idaho Code, provided that the restricted50

10 noncommercial driving privileges may be continued if the offender1 successfully completes the drug court, mental health court or other2 similar problem solving court, and that the court may revoke such privi-3 leges for failure to comply with the terms of probation or with the terms4 and conditions of the drug court, mental health court or other similar5 problem solving court program.6 (5) Service of suspension and ignition interlock system by peace of-7 ficer or the department. If the driver submits to evidentiary testing af-8 ter the information in subsection (2) of this section has been provided and9 the results of the test indicate an alcohol concentration or the presence10 of drugs or other intoxicating substances in violation of the provisions of11 section 18-8004, 18-8004C or 18-8006, Idaho Code:12 (a) The peace officer shall, acting on behalf of the department, serve13 the person with a notice of suspension and notice of the requirement to14 install, at his expense, a state-approved ignition interlock system for15 a period to end one (1) year following the end of the suspension period16 in the form and containing the information required under subsection17 (4) of this section. The department may serve the person with a notice18 of suspension and the requirement to install the ignition interlock19 system if the peace officer failed to do so or failed to include the date20 of service as provided in subsection (4)(b) of this section.21 (b) Within five (5) business days following service of a notice of sus-22 pension and notice of the requirement to install the ignition interlock23 system, the peace officer shall forward to the department a copy of the24 completed notice of suspension and notice of the requirement to install25 the ignition interlock system form upon which the date of service upon26 the driver shall be clearly indicated, a certified copy or duplicate27 original of the results of all tests for alcohol concentration, as shown28 by analysis of breath administered at the direction of the peace offi-29 cer, and a sworn statement of the officer, which may incorporate any30 arrest or incident reports relevant to the arrest and evidentiary test-31 ing setting forth:32 (i) The identity of the person;33 (ii) Stating the officer's legal cause to stop the person;34 (iii) Stating the officer's legal cause to believe that the per-35 son had been driving or was in actual physical control of a motor36 vehicle while under the influence of alcohol, drugs or other in-37 toxicating substances in violation of the provisions of section38 18-8004, 18-8004C or 18-8006, Idaho Code;39 (iv) That the person was advised of the consequences of taking and40 failing the evidentiary test as provided in subsection (2) of this41 section;42 (v) That the person was lawfully arrested;43 (vi) That the person was tested for alcohol concentration, drugs44 or other intoxicating substances as provided in this chapter, and45 that the results of the test indicated an alcohol concentration or46 the presence of drugs or other intoxicating substances in viola-47 tion of the provisions of section 18-8004, 18-8004C or 18-8006,48 Idaho Code.49

11 If an evidentiary test of blood or urine was administered rather than1 a breath test, the peace officer or the department shall serve the no-2 tice of suspension once the results are received. The sworn statement3 required in this subsection shall be made on forms in accordance with4 rules adopted by the department.5 (c) The department may serve the person with a notice of suspension if6 the peace officer failed to issue the notice of suspension or failed to7 include the date of service as provided in subsection (4)(b) of this8 section.9 (6) Additional tests. After submitting to evidentiary testing at the10 request of the peace officer, the person may, when practicable, at his own11 expense, have additional tests for alcohol concentration or for the presence12 of drugs or other intoxicating substances made by a person of his own choos-13 ing. The person's failure or inability to obtain additional tests shall not14 preclude admission of the results of evidentiary tests administered at the15 direction of the peace officer unless additional testing was denied by the16 peace officer.17 (7) Administrative hearing on suspension. A person who has been served18 with a notice of suspension and notice of the requirement to install the ig-19 nition interlock system after submitting to an evidentiary test may request20 an administrative hearing on the suspension before a hearing officer desig-21 nated by the department. The hearing may be held only on the suspension and22 not on the requirement to install an ignition interlock system. The request23 for hearing shall be in writing and must be received by the department within24 seven (7) calendar business days of the date of service upon the person of25 the notice of suspension and notice of the requirement to install the igni-26 tion interlock system and shall include what issue or issues shall be raised27 at the hearing. The date on which the hearing request was received shall be28 noted on the face of the request. Failure to request a hearing or appear at a29 requested hearing shall be considered a default judgment against the defen-30 dant.31 If a hearing is requested, the hearing shall be held within twenty (20)32 days of the date the hearing request was received by the department unless33 this period is, for good cause shown, extended by the hearing officer for a34 ten (10) day period. Such extension shall not operate as a stay of the sus-35 pension, notwithstanding an extension of the hearing date beyond such thirty36 (30) day period. Written notice of the date and time of the hearing shall37 be sent to the party requesting the hearing at least seven (7) business days38 prior to the scheduled hearing date. The department may conduct all hearings39 by telephone if each participant in the hearing has an opportunity to partic-40 ipate in the entire proceeding while it is taking place.41 The hearing shall be recorded. The sworn statement of the arresting of-42 ficer and the copy of the notice of suspension and the notice of the require-43 ment to install the ignition interlock system issued by the officer shall44 be admissible at the hearing without further evidentiary foundation. The45 results of any tests for alcohol concentration or the presence of drugs or46 other intoxicating substances by analysis of blood, urine or breath adminis-47 tered at the direction of the peace officer and the records relating to cal-48 ibration, certification, approval or quality control pertaining to equip-49 ment utilized to perform the tests shall be admissible as provided in section50

12 18-8004(4), Idaho Code. The arresting officer shall not be required to par-1 ticipate unless directed to do so by a subpoena issued by the hearing offi-2 cer.3 The burden of proof shall be on the person requesting the hearing. The4 hearing officer shall not vacate the suspension unless he finds, by a prepon-5 derance of the evidence, that:6 (a) The peace officer did not have legal cause to stop the person; or7 (b) The officer did not have legal cause to believe the person had been8 driving or was in actual physical control of a vehicle while under the9 influence of alcohol, drugs or other intoxicating substances in viola-10 tion of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho11 Code; or12 (c) The test results did not show an alcohol concentration or the pres-13 ence of drugs or other intoxicating substances in violation of section14 18-8004, 18-8004C or 18-8006, Idaho Code; or15 (d) The tests for alcohol concentration, drugs or other intoxicating16 substances administered at the direction of the peace officer were not17 conducted in accordance with the requirements of section 18-8004(4),18 Idaho Code, or the testing equipment was not functioning properly when19 the test was administered; or20 (e) The person was not informed of the consequences of submitting to ev-21 identiary testing as required in subsection (2) of this section.22 If the hearing officer finds that the person has not met his burden of proof,23 he shall sustain the suspension. The hearing officer shall make findings of24 fact and conclusions of law and shall enter an order vacating or sustaining25 the suspension. The findings of fact, conclusions of law and order entered26 by the hearing officer shall be considered a final order pursuant to the pro-27 visions of chapter 52, title 67, Idaho Code, except that motions for recon-28 sideration of such order shall be allowed and new evidence can be submitted.29 The facts as found by the hearing officer shall be independent of the de-30 termination of the same or similar facts in the adjudication of any criminal31 charges arising out of the same occurrence. The disposition of those crim-32 inal charges shall not affect the suspension and the requirement to install33 the ignition interlock system required to be imposed under the provisions of34 this section. If a license is suspended under this section and the person is35 also convicted on criminal charges arising out of the same occurrence for a36 violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho37 Code, both the suspension under this section and the suspension imposed pur-38 suant to the provisions of section 18-8005 or 18-8006, Idaho Code, shall be39 imposed, but the periods of suspension shall run concurrently, with the to-40 tal period of suspension not to exceed the longer of the applicable suspen-41 sion periods, unless the court ordering the suspension in the criminal case42 orders to the contrary.43 (8) Judicial review. A party aggrieved by the decision of the hear-44 ing officer may seek judicial review of the decision in the manner provided45 for judicial review of final agency action provided in chapter 52, title 67,46 Idaho Code. Any petition for relief from the installation of an ignition in-47 terlock device shall be filed in accordance with the provisions of section48 18-8002(12), Idaho Code. An order for relief from the installation of an ig-49

13 nition interlock device from any court shall apply to all statutory ignition1 interlock requirements.2 (9) Restricted noncommercial vehicle driving privileges. A person3 served with a notice of suspension for ninety (90) days pursuant to this4 section may apply to the department for restricted noncommercial vehicle5 driving privileges, to become effective after the thirty (30) day absolute6 suspension has been completed. The request may be made at any time after ser-7 vice of the notice of suspension. Restricted noncommercial vehicle driving8 privileges will be issued for the person to travel to and from work and for9 work purposes not involving operation of a commercial vehicle, to attend an10 alternative high school, work on a GED, for postsecondary education, or to11 meet the medical needs of the person or his family if the person is eligible12 for restricted noncommercial vehicle driving privileges. Any person whose13 driving privileges are suspended under the provisions of this chapter may be14 granted privileges to drive a noncommercial vehicle but shall not be granted15 privileges to operate a commercial motor vehicle.16 (10) As used in this section, "at his expense," "at your expense" and "at17 the offender's expense" include the cost of obtaining, installing, using and18 maintaining an ignition interlock system.19 (11) Rules. The department may adopt rules under pursuant to the provi-20 sions of chapter 52, title 67, Idaho Code, deemed necessary to implement the21 provisions of this section.22

SECTION 4. An emergency existing therefor, which emergency is hereby23 declared to exist, this act shall be in full force and effect on and after24 July 1, 2026.25